The plaintiff sought an extension of the set down deadline and directions on scheduling a motion to compel the defendant to produce additional documents, arguing these were required by a prior production order.
The court found the plaintiff's motion was out of time, as the parties had agreed to a timetable for all pre-trial motions, and the plaintiff had not acted within those deadlines.
The court emphasized the importance of case management and procedural fairness, but held that the plaintiff had ample opportunity to bring the motion and declined to grant leave for it to proceed.